Luanne Burgess avoids prison on condition that she never drives again

By Charles Sweeney

Saturday, January 12, 2013

ALBANY -- A Voorheesville woman who killed three while driving under the influence of medication was spared any jail time Friday, despite having pled guilty to criminally negligent homicide for the deadly 2011 accident.

In an incident that claimed the lives of three women, Judge Stephen Herrick sentenced 55-year-old Luanne Burgess to time served, adding 600 hours of community service and a condition that she never drive again.

Burgess's attorney, Cheryl Coleman, said of the sentence: "We're very gratified that Judge Herrick found his way through a lot of public pressure and did not send our client to jail, although it's not like anyone's jumping up for joy. As the DA said, there are no winners in this case."

Burgess was under the influence of six different medications on Aug. 10, 2011, when she swerved her SUV off of Mountainview Street, striking and killing three women who were among a local group of walkers in Voorheesville that morning for an outing.

Police said 66-year-old Carol Lansing, of Green Island; Rosemarie Hume, 79, and Fran Pallozzi, 81, both of Waterford, were waiting for a companion outside St. Matthew's Roman Catholic Church when the SUV left the road, cut across a section of parking lot and barreled into them.

"I am so sorry to have caused your pain," Burgess told the court before the sentence was imposed. "Words can't express the sorrow I feel."

Herrick said the six month sentence Burgess had been facing was facing "wouldn't serve as a deterrent to anyone out there driving on prescribed medication," also citing her remorse as a factor in his decision.

Albany County District Attorney David Soares commended the victims' families for what he called their "strength and courage during this extremely challenging process."

"When tragedies like this occur, no one ever wants to accept any part of the responsibility," Soares added, urging members of the medical profession to take special note of the situation.

"Doctors prescribing medications, the patients taking medications, and the friends and family of those taking these medications must all realize the risks that can occur," Soares said.

Coleman said Herrick urged Burgess to take a role in the effort.

"It was mentioned by the judge that she might speak to various groups, members of the Legislature, and doctors, to take more care in prescribing certain medications."

Coleman said she reviewed "many" victim impact statements in the case, adding that "expressed an amount of sympathy and forgiveness to Mrs. Burgess," though she could not say what role they might have played in the court's sentence.

Burgess, who suffers from Parkinson's disease, also received five years of probation as part of her sentence. Coleman said the "stress of the legal proceedings" has "exacerbated" that condition.

As far as the 600 hours of community service, Coleman said it was "a matter that's going to be overseen by her probation officers.

"It wasn't made clear, but she's always been a volunteer at the food pantry in Voorheesville. And she's got five years to do it," Coleman said.